F tea I^CDort of joint connni'tcc to iiivcstij^a- lie acts and proceedings of tlie Boai i»f Proprietors of ICast Jersey. Touchin the rights and interests of the State, an^ of the Citizens thereof. 8vo, 124 pji Xew boards. Trenton, 1882 v.^-00 Glass. Book. Compliments of JOHN S. APPLEGATE. ^<>^^!&C«^, ?3f5s REPORT OF JOINT COMMITTEE INVESTIGATE THE ACTS AND PROCEEDINGS Board of Proprietors of East Jersey, TOUCH I Ni; iiii RIGHTS AND INTERESTS OF THE STATE, AND OF THE CITIZENS THEREOF. ■1882. is TKKNTOK, N. J.: John L. Mvkphy. Book and Job Printrr. Ym >^^^^p^^ ^y^-m^'^^^^^ky A- REPORT OF JOINT COMMITTEE INVESTIGATE THE ACTS AND PROCEEDINGS Board of Proprietors of East Jersey, TOUCHING THE RIGHTS AND INTERESTS OF THE STATE, AND OF THE CITIZENS THEREOF. 1882. / TRENTON, N.J. : JoHH L. MuKPHY, Book and Job Printir. 1882. REPORT. MINUTES OF HOUSE OF ASSEMBLY. Tuesday Afternoon, F'ebruary 8th, 1881. Mr. H. W. Murphy offered the following lesolution : Whereas, The Board of Proprietors of East Jersey have made claim to land under the public waterw of this State, where the tide ebbs and flowH, and have offered to sell, and have sold, the land under the waters of Shark river, in the county of Monmouth, thereby interfering with the rights of the people of this State to the enjoyment thereof; And whereas, It is reported that there are various irregularities and proceedings in said Board, whereby preference has not been given to owners of adjoining lands in accordance with the former custom of the Board, and in accordance with the letter and spirit of the law of this State, passed June 5Lh, 1787, and the supplement thereto, passed November 28ih, 1789, thereby causing great damage to persons who supjiosed their titles per- fect, and which disregard of the laws of this State by said Board of I'roprielors, if continued, will unsettle titles in East Jersey ; And WHEREAS, It is reported that persons claiming authority under commissions as Deputy Surveyors, issued to them b}' the Sur- veyor-General, have entered upon the lands of owners holding under good titles, and against the will of said owners, and in defiance of them, have made surveys, which have been returned by the Survej'or-General, without notice, as required by law, to the said owners, to I he great damage of said owners ; And WHEREAS, The said Board of Proprietoi-s, at their meeting in May last, adopted a resolution excluding all persons from the right of examining the records of the office, except members of the Board, which exclusion includes nearly all the members of the bar in the State, and causes gi-eat delay, inconvenience and damage ; And whereas. The Slate of New Jersey appropriated money from the funds of the jjcople for the erection of" the building and pro- viding a tire-j)roof vault where the said i-ecords ai-e now kept; theretore be it Resolved, Senate concurring, that a special committee of five, to be composed of two members of the Senate and three members of the House of Assembly, be appointed to investigate the facts alleged in the foregoing preamble, and any and all other matters in connection with said Board of Proprietors of East Jersey, touching the rights, interests and privileges of the State, and the citizens thereof, with power to send for and compel the attendance of persons and papers, and with leave to sit during the recess of the Legislature, unless they shall be ready to report during the present session, and that the Com- mittee also report any legislation necessary in the premises." Which was read and adopted. SENATE JOUENAL. Wednesday, February 9th, 1881. The following message was received from the House of Assembly, by the hands of its Clerk: State of New Jersey, ) Assembly Chamber, February 9th, 1881. J Mr. President : 1 am directed by the House of Assembly to inform the Senate that the House of Assembly has passed the following concurrent resolu- tion. [Quoted as above.] In which the concurrence of the Senate is requested. C. O. COOPER, Clerk of the House of Assembly. The resolution was referred to the Committee on Eiparian Eights, who were requested to confer with the Attorney General with refer- ence to the matter. Mr. Sewell, of the Committee on Eiparian Eights, reported House concurrent resolution with the request that the resolution be printed for the use of Senate. Which was agi^eed to. Tuesday, February 15th, 1881. Mr. Sewell moved that the House Concuri*ent Eesolution relative to the Proprietors of East Jersey, and the sale of lands under the waters of Shark river, be taken up. Which was asfi'eed to. The same Senator moved to strike out all in seventh line after word "papers," and insert "to report to this Legislature by bill or otherwise." Which was agreed to. And the resolution as amended was agreed to. MINUTES OF HOUSE OF ASSEMBLY. Tuesday afternoon, February 15th, 1881. A message was received from the Senate, by the hands of its Sec- retary, as follows : State op New Jersey, ") Senate Chamber, February 15tb, 1881. j Mr. Speaker: I am directed by the Senate to inform the House of Assembly that the Senate has passed the concurrent resolution relative to Board of Proprietors of East Jersey and land under the waters of Shark river. With an amendment. In which the concurrence of the House of Assembly is requested. GEORGE WURTS, Secretary of the Senate. Which was read, and the amendment concurred in. Wednesday, February 16th, 1881. The Speaker appointed Messrs. H. W. Murphy, Munn and Post as the Committee on the part of the House, under the concurrent resolu- tion of Mr. H. W. Murphy, relative to certain alleged proceedings of the East Jersey Proprietors. SENATE JOURNAL. Wednesday, February 16th, 1881. The following message was received from the House of Assembly, by the hands of its Clerk : State of New Jersey, ) Assembly Chamber, February 16th, 1881. j Mr. President : I am directed by the House of Assembly to inform the Senate that the House of Assembly has concurred in the amendment made in the Senate to the concurrent resolution providing for the appointment of a special committee to investigate and report upon certain alleged proceedings by the Board of Proprietors of Bast Jersey, and that Messrs. H. W. Murphy, Munn and Post have been appointed as such committee on the part of the House. C. O. COOPEE, Clerk of the House of Assembly. The President announced as the special committee on the part of the Senate to investigate and report upon certain alleged proceedings by the Board of Proprietors of East Jersey, Messrs. Vail and Beekman. MINUTES OF HOUSE OF ASSEMBLY. Thursday, March 17th, 1881. Mr. Bell offered the following concurrent resolution : Whereas, The Special Committee appointed to inquire into and inves- tigate the sale by the Board of Proprietors of Bast Jersey, of lauds under tide-waters of this Slate, and also certain alleged irregularities mentioned and referred to in the resolutions under which said committee was appointed, have not been able to com- plete their investigations in time to make a report to the Legis- lature at the present session ; And whereas, The matters under investigation are of great import- ance to the people of the State, and may seriously atfect its revenues; therefore be it Resolved, The Senate concurring, that the said Special Committee be empowered to sit during the recess of the Legislature, for the pur- pose of continuing their investigations, and that they have leave to employ such clerical assistance as may be necessary, and that the committee report at the next session of the Legislature. Which was read and adopted. SENATE JOURNAL. Thursday, March 17th, 1881. The following message was received from the House of Assembly by the hands of its Clerk : State of New Jersey, Assembly Chamber, March 17th, 1881. Mr. President: I am directed by the House of Assembly to inform the Senate that the House of Assembly has passed the following concurrent resolu- tion. [As quoted above.] } Thursday, March 17th, 1881. The House concurrent resolution, date of March 17th, 1881, relative to Special Committee on Board of" Proprietors of East Jersey, was taken up and concurred in. State of New Jersey. I, Henry C. Kelsey, Secretary of State of the State of New Jersey, do hereby certify, that the foregoini^: is a true copy of a " Resolution relative to Board of Proprietors of East Jersej'," etc., and of the pro- ceedings had thereon, from its introduction and adoption in the House of Assembly, to its amendment in the Senate, and the concurrence of the House of Assembly in said amendment; also of the record of the appointment b}' the Speaker of the House and President of the Senate, of the Committee, &u. ; and of a "Kcsolution authorizing the Committee to ^it during the recess of the Legislature," &c., and of the record of its introduction and adoption in tlie House of Assembly and of the concurrence in the same by the Senate, as the same are taken from and compared with the original Minutes of the House of Assembly and Journal of the Senate, respectivel}-, now remaining on file in my office. In testimony whereof, I have hereunto set my hand and affixed P -, my official seal, at Trenton, this seventeenth day of June, L^- ^■-l A. D. 1881. HENJRY C. KELSEY, \ Secretary of State. PROCEEDINGS Of the Joint Committee appointed under the concurrent resolution, adopted at the session of 1881, relative to the Board of Proprie- tors of East Jersey, and laud under the waters of Shark river. Newark, June 11th, 1881. The Committee met at the office of Hon. Joseph L. JMunn, at eleven o'clock A. M. Present, Messrs. Vail and Beekman, members on the part of the Senate, and Messrs. Munn and Murphy, members on the part of the House of Assembly. On motion, Hon. Benjamin A. Vail was appointed Chairman of the Committee. On motion, James S. Yard was appointed Secretary. On motion, the Secretary was directed to issue subptcnas to certain witnesses to be in attendance at the next meeting of the Committee. 10 On motion, it was ordered that the next meeting of the Committee be held at the office of the Surveyor-G-eneral of East Jersey, at Perth Amboy, on the 18Lh day of June next, at ten o'clock A. M. On motion, the meeting then adjourned. Perth Amboy, June 18th, 1881. The Committee met pursuant to adjournment. On motion, James A. MacLauchlan was appointed stenographer for the Committee, and was duly sworn. The Hon. Eobert Gilchrist appeared on behalf of the State, in lieu of the Attorney-General. William M. Force, a witness subpoenaed by order of the Committee, being duly sworn, testified as follows: By Senator Beekman — Q. Your residence, age and business ? A. My age, 64 ; residence, Newark ; business uncertain — general. Q. What has been your business ? , A. Exporting; merchant. Q. Have you had a temporary residence in Monmouth county dur- ing the summer season ? A. Not very recently. Q. Had you some time ago? A. Yes. sir. Q. Whereabouts? A. Ocean Beach. Q. How long ago ? A. I think three or four years. Q. How long have you been a Proprietor? A. Since 1877 or 1878, I think. Q. Did you purchase the Proprietorship, or did it come to you by descent ? A. 1 purchased it. Q. Of whom? A. I will have to recall the name by turning to the book — [refer- ring to the book] — Ballentine. Q. For how much ? A, I paid him $250 for a quarter interest. Q. A quarter of a shai'e ? A. Yes, sir. 11 Q. Have you any written evidence of your purchase? Did he give you any paper or deed ? A. Yes, sir; a deed. Q. How many Proprietors are there ? A. Do you want to know the number of the men, or the numijer of the interests? Some own four, some three, some two interests; there were originally twenty-four, and they are divided into ninety-six; one quarter, as we term it, I own. Q. How many persons are there who own all the shares? A. I will have to refer — [referring to book]. Mr. Munn — Mr. Force might just give the names and their interests from the records. Witness — • I take it from the stock book, as we find it very nearly correct; just at this time, some transfers may have been made not yet posted; Sabina Kutherford — Q. Give the amount of interest in each ease ; has not Sabina Ruth- erford's been transferred to Robert B. Rutherford? A. It may be so ; I can give you a better record which the Clerk can copy, unless you wish to identify certain names at this time; I have a copy here just drawn out. Q. Give us the names and post office addresses, if you have them? A. Yes, I can do that, as near as I can ; I can give you a copy in that way, 1 think, nearly correct. [The witness subsequently furnished a list of names of the Propri- etors, as follows: William M. Force, Newark ; Cornelia B. Boggs, J. Lawrence Boggs, William P. Boggs, all of Perth Amboy ; Amos Clark, Ji-., Elizabeth ; Andrew K. Brinley, Newark ; Charles E. Noble, Morristown ; George H. Cook, New Brunswick ; Milford S. Condit, Morristown ; the heirs of John B. and William Crawford ; Augustus W. Cutler, Morristown; Richard and l^awrence De Bow, Ocean count}' ; Louis Shackner, Recorder of Deeds, Philadelphia; William J\ipley, Newark ; N. Norris Halsted, Newark ; Benjamin F. Howell, Morristown ; Monroe Howell, Parsippany ; John Kean, Jr., Hlizabelh ; Julian H. Kean, Elizabeth; Catherine .M. Kearney, Perth Amboy; Thomas T. Ivinney, Newark; Henry L. Morris, New York ; Aaron Peck, Perth Amboy; Henry A. Pierepont, Henry E. Pierepont, Jr., John J. Pierepont, New York; H. Yard, Ocean Beach; George L. Rives, residence unknown; Arch- ibald D. Russell, John W. Russell, New York; estate of John Ruther- 12 ford, deceased, New York; John A. Eutherford, New York; Louisa M. Eutherford, New York; Eobert VV. Eutherford, New York; Thomas E. Say re, Newark; heirs of Margaret Steel, residence un- known; heirs of Thomas Stout, Monmouth county; Eutherford Stevenson, New York ; Francis M. Tichenor, Newark ; James H. Tichenor, Newark; estate of Eobert S. Swords, Newark; U. W. Wat- son, Perth Amboy ; William S. Yard; estate of John E. Watson, Perth Amboy.] Q. Are there any qualifications attached to the purchase of a Pro- prietorship, such as citizenship or residence? Is it necessaiy to be a citizen of the State? A. Not necessarily; if a person presents a deed for an interest, the Board takes that matter into consideration, ascertains as to the name of the parties, and whether the transfer is a legitimate transfer, whether the parties are entitled to the transfer and to a s6at under it, and if it is found to be correct they are admitted. Q. No one is disqualified in consequence of non-residence? A. No, sir. Q. About how man}' Proprietors are not citizens of the State? A. I think you will determine that better when I give 3'ou a list; that will make it briefer. Q. Do you know how many of the full number hold by purchase? A. A large portion of them probably. Q. There are a few who hold by descent, are there not ? A. Quite a number of them. Q. How are the business affairs of the Proprietors managed ? A. The organization is by a meeting of the Board under established rules; they meet twice each year at regular times — stated times under their rules; it requires the presence of 32 quarter interests, or eight full shares, and seven members, to form a business quorum; then the usual parliamentary rules are followed. Q. Do you have printed or written rules for your own internal government ? A. Yes, sir; written rules. Q. Can 3'ou furnish the Committee with a copy of those rules? A. I will submit it to them. [The witness subsequently read from the book the following as the rules called for by the Committee: '■'■Resoloed (1), That the customary usage of parliamentary bodies be observed at all meetings of tlie Board, as well as the general order of business; and that the ofiicers, consisting of a President, Vice 13 President, JRegister, Surveyor-General, and Treasurer, be elected in each year, at the annual meeting in May, by ballot. "Resolved, That there be a schedule of fees prepared, which the Kegister shall be entitled to charge for his services from persons doing business with the office. "Resolved, That the fees of the Surveyor General be also specified. "Resolved, That none but the Proprietors have access to the books and papers of the office, unless it be in strict accordance with official duties, or under charge of an officer; that the minutes of each meet- ing be entered in full on the records of the transactions of the Board, with all reports in writing submitted to such meetings, and that the originals be placed on file. "Resolved, That all warrants, returns, or orders for them in trust for the Board, be rescinded, and that the record of them be expunged. "Resolved, That the owners, heirs, executors, administrators or assigns of all such dividends of rights of location unspecified, shall have the same rights, privileges, force and effect, as when such divi- dend was previously or originally declared and recorded ; and that all resolutions to the contrary be rescinded, previous to this meeting. "Adopted October, 1779. "Resolved, That the voting of members shall be upon the proprietary interests held by such members, or their proxies, when demanded by any member; when no such demand is made by any member the vote may be viva voce. "Resolved, That an Executive Committee, of not more than three members, to be appointed or chosen, who may, during the intervals between the meetings of the Board, have charge of its interests, with full power, under the established rules, to make negotiations, sales or contracts in the interest of the Board, jointl}^ or otherwise; and that they may have charge of the arrangement of the papers now in the office, placing them in proper order, and labeling them for reference when wanted ; and that they may also examine the records for records of important character upon the early history of this Board, with a view to their importance in the defence of the rights of the Proprietors."] Q. Have you held those two meetings each year, regularly, for the whole time you have been connected with the Board? A. Yes, sir. Q. Have you attended those meetings? A. I have never been absent but once. Q. And you are familiar with all that has been done by the Board during the time you have been a Proprietor? 14 A. Generally ; yes, sir. Q. Do 3'ou keep a record of the proceedings at the meetings, who were present and what you do? A. Yes, sir ; we have them here. Q. These minutes are complete how many years back? A. Those minutes are complete to 1685. Q. And those minutes show all the Proprietors who were present? A. Yes, sir; the minutes show the Proprietors present; I have also a list for perhaps 100 years of the names of Proprietors. Q. Who were present at the meetings? A. Usually ; yes, sir. Q. Do you elect a Council for the Board ? A. Not regulai'ly. Q. Have you elected any for the last three years? A. No, sir. Q. Have you had a Council? A. We have a Council. Q. The old law required that the Board should elect a Council composed often or twelve members? A. Oh! we call ourselves the Council; that is a different thing; the law don't require that we should have an attorney. Q. There was to be a Council who should rule the affairs of the Board ? A. We are the Council. Q. All the Proprietors themselves ? A. Yes, sir. Q. You have never selected any particular member to act as a Council? A. Not recently ; there is an Executive Committee. Q. By what authority have you selected them? A. By our own authority, Q. Do your minutes show how long it is since you selected a Council? A. So far as that is concerned, we are the Council. Q. Do your minutes show? Look back and see if you can find the selection of a Council ? A. [Heading from book] "1685; the Journal of the procedure of the Proprietors of this Province of East New Jersey, from and after the 9Lh day of April, 1685;" ever since that time it has been a Council; yes; I have a book that will go further back than that; but these are the minutes. Q. How do you determine disputed questions among yourselves, bj^ a viva voice or by balloting ? 15 A. Both. Q. Do your minutes show ? A. Yes, sir; sometimes it shows the specific vote; but there is a provision that if there is a call for a division of the Council it«can be done; otherwise the viva voce vote is accepted. Q. Do you exercise any corporate powers as a Board ? A. I would prefer to leave that to the legal determination of wiser men in the law than I am. Q. Do you know of any law conferring corporate powers upon the Board ? A. I doubt very much if they ever asked for corporate powers. Q. Do they consider themselves a corporation in any respect ? A. That may be construed in a double capacity; perhaps as a corporation or as joint owners; how the law would treat that 1 am not able to determine. Q. You are not able to say whether you are a corporation or not ? A. I am not able to determine that in the manner in which you give it. Q. Do you know of any statute law regulating your proceedings ? I mean any enactments of the Legislature either since this became a State or during the Colonial period ? A. I think there are laws that have been passed by the Legislature on three or four different occasions in reference to the Proprietors. Q. Do you pay any tax to the municipality of Perth Araboy, or to the county or Slate, on any of your property ? A. Not that I know of. Q. Do you know of any that has been paid during the last twenty or thirty years ? A. Not by the Proprietors. Q. Do you own the grounds on which this building is located ? A. I doubt it. Q. Who owns it? A. I think it is a conveyance made to the State of New Jersey. Q. Who put up the building, the Proprietors? A. I don't know ; I think there was an appropriation for putting it up. Q. Do 3'ou know how much land the State owns here? A. I don't know. Q. It was an appropriation by the State of New Jersey? A. Yes; I think so. Q. Have you seen the deed ? A. I have seen a copy of the deed. Q. Is it a deed to the State of New Jersey ? 16 A. Yes, sir; it is recorded at New Brunswick. Q. Do you know who paid for and furnished the seal you use? A. I do not. Q. You don't know whether the State did it or not? A. No; I do not. Q. You have a seal ? A. Yes, sir. Q. Who are your officers? A. The President is James H. Tichenor; Vice-President, Eobert Eutherford ; the Surveyor-General is Monroe Howell; the Eegister is William M. Force; the Treasurer is John Keane, Jr. Q. By what authority did you elect those officers? A. By our own agreement and vote. Q. How many books of record have you in your office ? A. I can count them up for you. Q. Just tell us, Mr. Force. Mr. Munn — Q. Perhaps Mr. Force will undertake to furnish a written li&t of them? A. Yes, sir. [Witness subsequently dictates to stenographer as follows : " We have about 78 books — 23 books of surveys, beginning with 1683 and ending at the present time; also, 11 books of conveyances and grants by deed and release of Proprieties; one journal; minutes from 1685 down to the present time, in 4 books ; also, 12 extracts of deeds and concessions; two books of extracts of location; also, 12 books of warrants from 1683 to the present time, and other miscel- laneous books."] Q. These books are of two kinds — one recording surveys, and the other recording deeds for lands and patents? A. No, sir; we don't usually record deeds here; that is a matter for the county; we record the surveys and returns. Q. In old times, your system was to issue a warrant ? A. That was the old custom. Q. And then a sui-vey was made and return filed, and a patent fur- nished to the purchaser ? A. It might be a patent, and it might be a survey ; that was very indefinite, indeed. Q. You don't do that now ? A. No, sir ; not for many years. 17 Q. All you do is to file a survey of the land as returned to you by the Deputy Surveyor; isn't that all? A. No, sir; we record the return that is made by the Surveyor- General. Q. Those surveys personally are made by deputies acting under the Surveyor-General ? A. Usually. Q. How many deputies are there in the State of New Jersey? A. I have a list of them here ; perhaps I can tell you that in a moment, [deferring to paper.] About 17, now. Q. Who appoints those deputies? A. They are appointed by the Surveyor-General, with the general approval of the Board. Q. Will you give us a list of their names and residences, after we get through ? A. Yes, sir. [Witness subsequently read the list of Deputy Surveyors, as fol- lows: John W. Pulis, West Milford, Passaic county, N. J. ; Harry Lett, Stanhope, Sussex county ; A. J. Disbrow, Oldbridge, Middlesex county ; George M. H^^erson, Newton, Sussex county; Stephen M. Disbrow, Jr., Oldbridge, Middlesex county; J. Frank Johnson, Morristown, Morris county ; George W. Howell, Morristown, Morris county ; Isaac Kennedy, Asbury Park, Monmouth county; Joseph E. Layton, Dud- ley's Corner, Sussex county; William L. Gary, Flanders, Morris county; Harrison Van Duyne, Newark; Samuel D. Smith, Waterloo, Sussex county; Delos E. Culver, Jersey City; Henry H. Yard, Ocean Beach, Monmouth county; Samuel Osborne, Point Pleasant, Ocean county; Francis Corlies, East Long Branch, Monmouth county; Henry J. C. Rogers, Cedar Creek, Ocean county; Joseph R. De Bow, Clarksburg, Ocean county; Benjamin Jloome, Pompton Plains, Morris county.] Q. Wiiat power does the Surveyor-General exercise? A. He is here ; won't you defer that question to him? Q. What are your duties and powers as liegi.ster? A. My duty is to keep the minutes of the meetings, issue notices, make records; that is, keep the records, make the copies, and cer- tify under seal, when called upon. Q. Have you any other records except those contained in these bound books here in the oflSce? ■0 18 A. It depends upon what you call records; if you call a survey a record, we have those that are not in bound books. Q. That have not been recorded ? A. The surveys are not recorded ; it is the return that is recorded. Q. You have surveys not recorded in separate papers? A. Yes, sir; they are only the preliminaries, like the original pro- ceeding under a warrant. Q. Those are filed ? A. Yes, sir. Q. And labeled, are they ; so that you can turn to them in any one year ? A. Well, they are very nearly so now. Q. Outside of those surveys the books contain nothing except the returns, then ? A. General returns. Q. And those are all the records j^ou keep ? A. Greneral returns and the usual proceedings of the Board — what- ever is connected with the Board's interests; there may be other things ; for instance, a transfer of propriety, or a sale of rights to locate; they go into our books; we have deeds for that purpose belonging to the Proprietors, but not the public records. Q. Have any of the records been taken out of the office ? A. I should judge there had been. Q. Since you have been in office? A. No, sir; not for many years. Q. You have not allowed any to be taken out of the office? A. No, sir. Q. Do you claim, as a Board, to be the owner of those records? A. Exclusively. Q. And to have the power to sell them ? A. To sell the records; no, sir. Q. You claim to own them ? A. Why certainly. Q. You claim the right to deny the public access to them? A. No, sir; by no means; we never denied the public access to them. Q. Is this office open every day ? A. No, sir. Q. Hasn't the Board denied, in the past, access to your records? A. No, sir. Q. Except to persons holding shares? A. No, sir. Q. At no time? 19 A. No, sir; but if you desire to know what they have denied — Mr. Beekman — Q. Yes, sir. Witness — Free access to that vault; they have never denied access to the records, but alwaj's free access to that vault ; our rule is very distinct on that subject — the same rule that was adopted in 1729 ; it is an old. rule. Q. Is that a printed or written rule? A. A written rule in the minutes. By Mr. Vail— Q. Won'i you give us that rule? A. Yes, sir; 1729 ; there is a copy of the old rule in Book A, page 32, July 8th, , that none but the Proprietors have access to the books and papei-s of the office unless it be in strict accordance with official duties; the moaning of that is simply this, that the general access to the taking and using of the books can only be under the authority of some official; if any official is here, any gentleman can have access to any book in the office ; but it is under his care ; it is to be under bis supervision. By Mr. Beekman — Q. As a fact, there is no official residing at Perth Amboy? Witness [to Mr. Boggs] — Have you that card here? Mr. Beekman — Before that card. A. Mr. Boggs lived here in the place. Q. Is there any fixed hour to keep this office open ever}' day? A. I would rather j'ou would ask Mr. Boggs; he is here. Q. How long have you been registered ? A. Since last May. (}. Is it a printed commission ? A. Not printed; a written commission, entered in the minutes. Q. How are you appointed? A, By a vote of the Board. Q. Is the Surve3'or-(veneral appointed in the same way? A. Yes, sir. Q. Do those books of record show the foundation and origin of all the titles to lands in East New Jersey? 20 A. Not all the lands ; there is some that show the lands. Q. Nearly all? A. Well, largely. Q. Do you understand that a line drawn from the mouth of Little Egg Harbor river to the river Delaware, at the latitude of 41° 40' is the line between East and West Jersey? A. That is considered East Jersey, north of the Laurence line. Q. Your records show the origin of all the titles? A. Except unlocated lands ; we consider all lands that have never been located, as unlocated lands. Q. Whether under water or not ? A. Yes, sir. Q. Have you any record showing the number of acres originally embraced in East New Jersey ? A. I can't give it to you ; and yet there is a record, and I think Professor Cook will be here very shortly, and he can give you a statement of the number of acres embraced in it. Q. They have declared dividends, have they not, at different times? A. Dividends of money and dividends of lands. Q. Wasn't the first dividend some 10,000 acres among the twenty- four Proprietors — 10,000 acres apiece ? A. Well, they varied ; I think I can satisfy you in regard to that; I will give you it here: the first dividend was in 1686, 10,000 acres. Q. To the twenty-four Proprietors ? A. Yes, sir, to each Proprietor. Q. 240,000 acres ? A. Yes, sir; the second was 1698. Q. How manj^ ? A. That was 12,000 acres; no, that was 5,000 acres. Q. To each Proprietor ? A. Yes, sir. Q. 60,000 acres? A. 120,000; the third was in 1702, 2,500 acres to each twenty- fourth. Q. The fourth dividend was in 1740? A. Yes, sir ; 2,000 acres ; there was 4,000 acres in 1730 to pay for certain expenses of the Proprietors. Q. 4,000 in the aggregate"? A. Yes, sir ; to pay certain expenses; there was 2,000 acres of pine rights also to each Proprietor; that was in 1739; there are two other dividends of pine rights that I have been unable, in looking over the minutes, to ascertain, simplj' because I have not examined thoroughly 21 the old warranL book to got it; iho titlh dividend was in 1797, 3,000 acres lo each Proprietor; then there was an order made, which we find in the minute book C, page 109, that 20,000 acres be sold to pay certain expenseH. Q. When was that ? A. I can't give 3'ou the date; I can find it if necessary; these are memorandums of my own. Q. Taken from the records ? A. Yes, sir; the sixth dividend was in 1804, 8,000 acres each; the seventh dividend was in 180I>, 2,000 acres to each ; the eighth divi- dend was in 1813, 3,000 acres to each Proprietor — to each twenty- fourth, understand ; In 1817, there was a stock dividend ; thej' held United States stocks at that time on lands that they had sold in addition to the dividends that were made; the number of acres I can't give you; 868,073.7!* was voted among the several Proprietors; the ninth dividend was made in 1817, of 1,200 acres to each Proprietor } the tenth dividend was in 1823, 1,000 acres to each ; in 1828, the eleventh dividend was 1,000 acres to each Proprietor ; the twelfth was in 1834, 600 acres to each Proprietor; the thirteenth was in 1838, 1,000 acres to eacli Proprietor; in 1850, there was a cash dividend ; I can't say the amount; §250 to each Proprietor; the fourteenth divi- dend of rights was in 1856 of 1,000 acres. Q. To each ? A. Yes; in 1878 there was a cash dividend of S50 to each quarter share — §200 to each Proprietor. Q. Is that all? A. Yes, sir. Q. Does that show accurately, from your record, all the dividends? A. Well, 1 think that is correct. Q. Are you positive of that? A. Well, just as positive as I am of other things. Q. This other dividend was to each whole share ? A. Yes, sir; each twenty-fourth. Q. Would you be willing to say positivelj*? A. I wouldn't say anything positively; I would say to the best of my belief, knowledge and information ; you can catechise closel}' to show how nearly I may be correct; I could make a mistake in these figures. Q. You have taken that from the records, and believe it to be correct ? A. Yes, sir ; I do. Q. Those pine lands dividends you don't know ? 22 A. I don't ; I have the figures taken from the history, by Gordon, of New Jersey. Q. Those dividends were for two shares of propriety? A. Yes, sir; one twentj'-fourLh. By Mr, Munn — Q. So that in order to ascertain the aggregate araount of land you ^must multiply each one of those by twenty-four? A. Yes. By Mr. Beekman — Q. Have you examined any of the original patents issued upon the first dividend of 10,000 acres? A. I have not directed my attention speciall}' to that feature of it, though many of them have passed under my inspection. Q. Do you understand that some of the original Proprietors located their 10,000 acres in one county ? A. Np; I can't say that; I will submit the record. Q. Have you ever examined the patent issued to Aaron Soumans? A. No, sir. Q. In case a patent was issued under that first dividend of 10,000 acres, and that Proprietor divided up among fifty or sixty purchasers, and in some of those surveys little gores would be left where the sur- Yeys wouldn't close, do the Proprietors now claim these gores? A. 1 can't say what the Proprietors might do. Q. As a fact have you taken up such gores? A. I am not able to answer that. Q. That has never been called to your attention ? A. Not in that way ; if it came in a business way that a survey made lying between different lands, our rules are, that the survey should be strict measure; and if it appeared that there was lands there that had never been surveyed, we would survey them without any hesitation. Q. If it should appear that any of these subordinate surveys didn't close, would you take the trouble to examine the original survey? A. That would run into a lengthy detail; if jou will ask the Sur- veyor-General; he is very competent ; it is his department; I might make great ei-rors in answering these questions authoritatively, which would be decidedly incorrect, and I should be sorry to submit them to you. Q. Do you know whether a survey has been recently recorded for land adjoining Burnegat Beach — within the last year, say ? A. Mr. Boggs is here: he can answer better for that. 23 Q. Yon have no knowledge of such a survey in Ocean county? A. I have no recollection of anything of the kind. Q. Do you know whether there has been a survey returned here for the lands known as Shark river? A. Yes, sir. Q. Does that embrace all the lands covered by the waters of that inlet to high water mark ? A. So far as that is concerned, 1 think that my answer is too gen- eral ; I referred to certain old surveys that I had ray attention called to that had been made in Shark river, but I know of no recent one. Q. Do you know of any sales under that water? A. I do. Q. Under what survey were those lands sold? A. The survej' has yet to be completed. Q. It has not been filed yet? A. It has to be completed yet. Q. Has it been approved by the Board? A. It has not been submitted or recorded. Q. And has not been approved ? A, It will be approved only when it goes into the Surveyor-Gen- eral's hands. Q. Haven't you sold those lands? A. Yes, sir. Q. How could you sell them until the survey was approved and recorded ? A. It was sold subject to a survey — whatever the Proprietors owned there, and to be surveyed. Q. Do you know how manj' acres j-ou sold there? A. Whatever might be embraced in certain limits; I don't know exactly. Q. Did they sell as much as ever they owned ? A. I won't pretend to say whether it is 5,000, or 10,000, or 50,000 acres. Q. What did they sell there? A. "All the right, title and interest of the Board of Proprietors of East New Jersey to lands lying in the so-called Shark river, Mon. mouth county, and lands bordering upon said river, within 100 yards back from the present shore line at high water;" this is from the con- ditions of sale ; upon these the sale was made at public auction. Q. And you authorized those conditions? A. The Board of Proprietors has since approved the sale, with a specific reservation ; that reservation is found in the minutes. 24 Q. Have you sold anj' other land covered by water in the State — Lake Hopatcong, for example? A. Yes, sir; I will read another one: "All the right, title and inter- est of the Board of Proprietors to lands lying in the so-called Lake Hopatcong, Morris and Sussex counties, and lands bordering upon said lake, within 100 yards back from the present shore line from high water mark;" Brooklyn Pond, that is, formerly known as Great Pond. Q. That is a fresh water pond ? A. Yes, sir. Q. What do you mean by high water? A. I mean wherever they chose to flow that pond ; if they have a dam, and if they take the gates from the dam, they may make it very low water ; I have seen it on the flats lower at one time than another. Q. Have you searched the records to see whether any patents have heretofore been issued by the Proprietors for those same lands ? A. I think there are searches made ; I think there is old convey- ances for portions of Shark river; and I think that some of those lands in Lake Hopatcong, in which the waters of the lake have been sold; but when they dammed and made the recent dam, it was higher than the old dam, and many thousand acres were covered, under and by which they covered from 1,100 to 1,300 acres of lands belonging to the Proprietors. Q. Have you sold any other lands covered by water? A. Yes, sir — [reading from paper] — "All the right, title and interest of the Board of Proprietors to lands lying in the so-called Culver's Pond, Sussex county, and lands bordering upon said pond, within 100 yards back from the present shore line ;" shall I read further ? it is not the sale, but it is the conditions. Mr. Beekman — Yes ; read it all. Witness [Reading] — "All of the right, title and interest of the Board of Proprietors to lands lying in the so-called Quick's pond, in Sussex county, and lands bordering upon said pond within 100 yards back from the present shore line at high water. It is an express con- dition of this sale that the lines and boundaries of prior surveys made and lands located under such surveys by the Board of Proprietors as a Board, or by locations made upon and under rights of location granted by the Board, shall not be affected in any way or manner. Ten per cent, of the purchase money shall be paid forthwith after the 25 sale; the balance of ninety per cent, shall be paid on or before June 1st, 1882, to the Treasurer of the Board, at which time the purchaser shall file a complete survey of the land, and shall then receive a deed from the President of the Board of Proprietors in and to the tract of land so sold. The purchaser of either of these tracts of land shall, immediately after sale, make and sign a memorandum of his pur- chase. The bid will be kept open after the properly is struck down ; and in case any purchaser shall fail to comply with any of the condi- tions of the sale, the premises struck down to him will again be put up for sale." Q. Who were the purchasers at that sale and the amounts bid ? A. I will tell you [referring to book] ; a public sale was held on Februar}" 5th, 1881, at the Surveyor-General's office; Shark river, $975, to H. H. Yard: Lake Hopatcong to Nathaniel Niles, for $G00 ; Culver's pond to the same part}^ for $600; Quick's pond to the same party, for $200 ; there was a reservation made that affected very materially the sale of Shark river; I would say very largelj' affected it ; that was a reservation of a portion of it. [Witness reads resolution from minutes.] Q. All was sold except that? A. Yes, sir; that was reserved. Q. Do you understand that the tide ebbs and flows in Shark river? A. Yes, sir. Q. And that it was a public river? A. No, sir. Q. Did you know it was common to the public for row-boats and so on? A. Eow-boats; yes, sir. Q. And that it was a public highway? A. No, sir. Q. Do you understand that it has been common to fish and oyster in that water ? A. Yes; and to hunt on the lands. Q. You don't understand that it was navigable for schooners and sloops until the tide filled it up? A. No, sir. (}. Why was that reservation made at Ocean Beach? A. On motion of Mr. Barnet, who was an owner in the Ocean Beach Association. Q. Did he show any patent from the Proprietors by which that should be exempt. 26 A. No, sir. Q. That was merely a matter of favor to him? A. A matter of favor. Q. Do 3'ou know whether there has been any settlement with the adjoining land owners; adjoining the lands you claim in that river; whether you have compromised, or the purchaser has compromised and received any money from the different land owners? A. 1 have no knowlege of anything of the kind. Q. Do you know of that being the case with Lake Hopatcong? A. I have never heard of any. Q. Do you know of any location of lands near Sandy Hook ; a survey returned here for some land adjoining Sandy Hook lately? A. No, I don't. Q. Do you know of any deed given to a Mr. Russell, for lands at Sandy Hook ? A. Oh ! that is Sandy Hook itself. Q. Of all Sandy Hook ? A. All excepting what was originally owned by Mr. Hartshorn. Q. That is a quit-claim deed? A. It is the usual deed; it is the return; it isn't a deed. Q. How long ago since you did that? A. I think perhaps over a year ago. Q. Did 3^ou ever search and examine the patents to Robert Harts- horn from the Proprietors? A. Yes, sir. Q. Do you know whether it covered Sandy Hook? A. It covered 200 acres of it. Q. What part of it didn't it cover ? A. It didn't cover that portion outside of 30 chains west. Q. A part of that has since been made by sand, &c. ? A. Oh ! that has been washed away long ago. Q. Do you know whether Hartshorn sold this land to the United States Government? A. I have heard so. Q. Do you know of any other surveys filed for lands in Ocean or Monmouth counties, or the rivers or bays of those two counties, besides what you have mentioned? A. I think there was a survey made at Ocean Beach, along the shore; I have no distinct recollection; if you want to know my knowledge I had better not say ; I know of a survey we made along Ocean Beach. Q. That is in the ocean ? 27 A. Yep, sir; along the shore. Q. Between high an() low wiiler mark? A. I think it ran down to low water mark. Q. In front of whose lands ? A. I think lands that I understood were claimed by the Ocean Beach Association. Q. How much of the coast did that strip take, half a mile? A. It is possible; I couldn't tell you to a certainty; it may be half a mile. Q. Il:i8 that been sold to any one? A. It has been sold to the Ocean Beach Association. Q. For how much ? A. $500. Q. And 5'ou gave them a deed ? A. 1 think they have a deed; isn't that so, Mr. Boggs? Mr. Boggs — I delivered the deed. Q. Have you had any understanding with the Eiparian Commis- sioners about their claims to lands below high water mark? A. No, sir; we have never consulted them as a Commission — not as Proprietors. Q. Have you consulted them as individuals? A. That is getting a little too wide. Q. 1 ask you ; that's all? A. Well; I won't answer. (^. Have you consulted them as individuals as to their claims to lands under water? A. Not as Proprietor; I have never consulted them. (^. But you have as an individual? Mr. Vail— Q. That you decline to answer? A. I don't care anything about it; but 1 don't think you have any business to ask it; I will answer you; I have consulted with Judge Lalhrop, anropriety, turn round and sell it ; we must carry out our sjvlo. Q. But 3'ou hadn't made any sale ? A. Well, we had advertised it; it is a question whether we had an honorable right to interfere with that sale, and let that Proprietor take it up. Q. Although it was unlocated, you would say it was too valuable to let him have it and sell it to somebody else ? A. No, sir. John L. Boggs, a witness subpoenffid by order of the committee, being duly sworn, testifies as follows : By Mr. Beekman — Q. Give us your age and residence ? A. Perth Amboy ; next February I will be 69. Q. How long have you been a Proprietor? A. Well, about twenty-one years. Q. You were Register of the Board, were you not? A. I was appointed Register in May, 1859. Q. Have you been conversant with the proceedings of the Board during that time? A. Pretty generally ; I don't think I missed but one meeting since I was appointed Register; then I was out West. Q. During the last few years have many new persons come in as Proprietors ? A. Yes, sir; quite a number, Q. About how many have come in by purchase? A. About a dozen, I suppose. Q. Who are the active managing men now, these late comers or the old ones ? A. I can't answer that. Q. Are the persons who have lately come into the Board active in its art'airs ? A. Yes, sir. Q. The persons who were formerly active, do they still attend the meetings? A. Yes, sir; pretty generally. Q. Have you rules and regulations governing your proceedings as a Board ? A. Yes, sir. Q. Are they recorded in your book of minutes? A. Yes, sir. 62 Q. Have those rules been changed any during the last ten or fifteen years ? A. Oh, yes, sir; modifications have been made several times. Q. Do you know what modification has been made in the rule requiring notice to be given to the adjoining land owners when a right was located ; when a survey was made on unloeated grounds? A. I have no recollection of any such modification. Q. That rule still stands unchanged ? ■A. That is my recollection. Q. Do you know whether in these late surveys at Shark river notice was given to the adjoining land owners? A. I do not; upon that question, of giving notice to the adjoining owners, a resolution was passed by the Board, and the Register was directed to tell the Deputy Surveyors that they must notify the adjoining owners, and I sent that notice to all the Deputy Surveyors. Q. And it has never been rescinded up to this time? A. Not that I remember. Q. If it had been rescinded it would appear in your book of min- utes, wouldn't it? A. Yes, sir ; it ought to. Q. Before you ordered a survey to be filed, did the Board inquire whether that was done or not? A. The Surveyor-General not living here, this was more partic- ularly under the presidencj' of John Rutherford ; the survey was sent here, and I endorsed it when it was received here, and sent it to the Surveyor-General. Q. Is the Board of Proprietors a corporation ? A. That is a pretty difficult question to answer. Q. What is the Board of Proprietors? A. You know where the original grant comes from. Q. What is the constitution of it? A. It is a corporation called a land compan3\ Q. Do you know of any law of this State giving it corporate powers ? A. I do not. Q. Is it not the remnant of a government, more than anything else ? A. Well, no ; I think the government was surrendered to the Crown. Q. The exercise of powers over tide waters, has not that always been a governmental power? A. I think not. Q. The exercise of power over public highways has always been a government power, hasn't it? 68 A. We don't pretend to exorcise any control or government over the navigable waters. Q. I speak of tidal waters? A. Well, most all tidal waters are more or less navigable. Q. B}' tidal waters, do you understand that to mean public high- ways tor the citizens to pass and repass in boats? A. Yes, sir. Q. These rules you have adopted for your own government ; have you ever printed them ? A. No, sir. Q. The instructions to Deputy Surveyors, have they ever been printed ? A. Yes, sir. Q. Have you a copy of them ? A. I think I have a written copy ; when I was appointed Register, there was about six or eight printed copies; npon the appointment of Deputy Survej^ors, I was instructed to give them a copy, and they were soon used up, and I sent down to Annaniah GifFord and got his printed copy and made a written copy, which 1 have got now. Q. The Board didn't inquire, during the last year, about giving notice to the adjoining land owners in regard to these lands that have been lately taken up ? A. 1 have no recollection. Q. Of that being talked of? A. No, sir. Q. Do you know whether the people of Hudson county or Shark river were notified before Kobbins' Reef and Shark river were taken up? A. I have no recollection of it. Q. Did you keep minutes as Register? A. Yes, sir; as accurately as I could. Q. And those records show the rules adopted by you at your meetings? A. Yes, sir. Q. The determination of disputed points and votes at your meetings? A. Yes, sir; the minutes of the last meeting are probably read the first thing at the next meeting; if they were correct they would be approved ; if not, any member could correct them, and they would be approved by the full Board. Q. Does the Board pay any tax to the State ? A. No, sir; the State taxed us. and I took the ground that they had no right to tax us, as this building belongs to the State. 64 Q. Did they tax you for your recoi-ds? A. No, sir. Q. On your proprietary shares or anything of that kind ? A. No, sir. Q. There never has been any lax paid on that, so far as you know ? A. No, sir. Q. What land does the State own here? A. This building covers almost the whole lot; it is about sixty feet deep and twenty-two feet front. Q. Of whom did the State buy it? A. Mr. John K. Watson. Q. Who paid for the erection of this building? A. There was an appropriation made of $600 each, for East and West Jersey ; and the West Jersey Proprietors put up their building at Burlington; and the Surveyor-General, Francis Brinley, put up this building and ran the Board of Proprietors in debt for just about the amount; the appropriation made by the State, $200 of it went to purchase the lot. Q. What did it cost over and above the appropriation by the State? A. I don't know that I am able to say; some $500, 1 guess; that is, the building and lot; that was done by Francis Brinley without any authority from the Board. Q. Have any of the records been removed from here to your knowledge since you have been ilegister? A. Yes, sir. Q. What year? A. About ten years ago was the first. Q. What records were they ? A. The books were out of order, and the binding was all off, and the Board authorized me to have rebound such books as I thought would be advisable, and I took them up to New Brunswick; last December I was subpoenaed to go to New Brunswick and take the first five books of surveys up there ; and they were in bad order and I put them in the County Clerk's office there until such time as I might be called upon ; and 1 took them down and had them bound ; there was a good deal of talk about them being away, but there was a resolu- tion of the Board authorizing me to have them bound ; the first was taken away eight or ten years ago; they were out only a few weeks; only just long enough to get bound. Q. And the last time how long were they away ? A. They were about a month in the County Clerk's office and were bound and sent back; when I found the case was not coming on I had them rebound. 65 Q. Do you know whether the office contains all the records that were here when yon were elected Register? A. 1 believe they are. Q. Do you know whether there are any in the Secretary's office? A. Only from hearsay. Q. Do the Proprietors claim to own those records? A. Yes, sir. Q. Have they ever named a price for which they would sell them to the State? A. No, sir. Q. Would $100,000 buy them? A. I don't know about that. Q. Does the Board claim the right to sell to any purchaser they may find ? A. 1 should think so if the title is in the Board. Q. Whether that purchaser resided in the State or out of it? A. That is a question that has never been agitated or talked over. Q. You have no doubt you could sell them to some antiquarian or historical society in New York? A. I don't know about that. Q. Who furnished the seal you use? A. The State; you will find in the minutes that the Legislature — I guess it was the Colonial Legislature — ordered two seals, one for East and one for West Jersey. Q. Since that time has not the State authorized the purchase of a seal? A. I can't say; there was a Register's seal during Brinley time, and that mysteriously disappeared ; I have never seen it. Q. During your connection with the Board, have the Board denied public access to the records? A. I don't know that they have ; I think some j)erHons came from the other end of the State and complained that they couldn't get in ; it wouldn't pay me or anybody to spend all my time here, to accom- modate one or two persons. (}. There was no resolution upon your minutes denying them access ? A. Years ago I was engaged in business in New York, and was here one or two days in the week, and left the key at home; and if anybody came, one of my sons or daughters would come up with them. (I You had no regular office hours here, had you ? A. No. sir. 5 66 Q. The oflSce would be closed for weeks at a time ? A. Yes, sir. Q. That is the case now, isn't it? A. I don't know what arrangement Mr. Force has made about hav- ing it open or shut, Q. Do you know whether lately persons have been denied access to the records ? A. I do not. Q. The fees you charged for your services while you were Register, where did you get your authority for charging those fees? A. I don't know as I have any particular authority; it has been my practice — following Mr. Brioley — to charge for a copy of the survey with the seal attached, $1.50 or $2.00, according to the length or size of it; then the record of the returns — there was a committee appointed to make an examination; and they reported that the Eegister should copy the return when it was sent to him by the Sur- veyor-General ; I make out the deed, and used to be allowed $5.00 for copying the survey and making out the deed, and having it acknowl- edged by the President; that was by the committee, John W. Eus- sell, John Kean, Jr., Mr. Morris. Q. Who is John Kean, Jr. ? A. He is our Treasurer. Q. Where does he live? A. In Elizabeth. Q. Is he a late purchaser? A. I guess he has been here four or five years ; his father gave him a quarter of a share. Q. Are the minutes kept in your handwriting? A. Yes, sir ; except this last meeting. Q. And the records of the surveys, have they been in your hand- writing? A. No, sir; I havn't been able to attend to that; either in my handwriting or the handwriting of my daughter, and afterwards they have been examined by me and certified. Q. Do you understand that your records contained the foundation to all titles to real estate in East New Jersey ? A. Yes, sir; I have a slight recollection that some surveys have been returned down in Monmouth county. Q. What do you mean, the Nichols patent ? A. No, sir ; under the law for surveys recorded in certain coun- ties, and for a certain time they would be legal. Q. Do the Proprietors ever make deeds for the lands embraced in the Nichols patent ? Do you know that ? 67 A. No, sir. Q. Do you know whether the Proprietors have over claimed, or located, or sold any of those lands? A. Not that I am aware of. Q. Do you know of the Proprietors ever putting up their rights or their unlocated lands at auction until it was done here recently ? A. No, sir ; that is the only time, within my recollection, it ha» been done. Q. Do you know of the Proprietors locating lands under tide water until it has been done recently ? A. Yes, sir; there was a tract of land (Crab island) located by Kobert Morris, in 1806, I think it was. Q. It is an island with adjoining Hats ? A. Yes, sir. Q. Do 3'ou know of any other land beside that? A. I don't know that I do ; there was a survey called the Ogden- ten-acre tract, in New York bay ; that is under water. Q. Wasj'our attention ever called to the Souman's patent, in Mon- mouth county, now Ocean, embracing what is called Barnegat Beach ? A. No, sir. Q. What is done with the money paid for the Propriety shares, or the proceeds ? A. If you sell it, it goes to you ; if I sell it, it goes to my pocket, Q. It is individual property' ? A. Yes, sir. Q. Do you know of a rule requiring Deputy Surveyors to have the- names of chain-bearers and witnesses endorsed on the surveys when they returned them here to the oflSce ? A. I don't know as I can say that there has been any rule about it ; it has been the practice. Q. If a survey came here without the names of chain-bearers or witnesses, would you record it ? A. I only record the return. Q. Do you know of any that has come here without the names of chain-bearers or witnesses ? A. No, sir. Q. Havn't you recorded returns whore there are no chain-bearer» mentioned ? A. I don't know ; that is a matter belonging to the Surveyor- General. Q. You have no responsibility about it; the responsibility is all upon him ? A. Yes, sir. 68 George H. Cook, a witness subpoensed by order of the committee, being duly sworn, testifies as follows : By Mr. Beekman — Q. You are the head of the Geological Survey in New Jersey? A. Yes, sir. Q. How long have you been connected with it? A. I have been the head of the Survey for seventeen years. Q. Are you a Proprietor ? A. Yes, sir. Q. How long have you been a Proprietor ? A. I can't tell you, sir; three or four years. Q. You attend the meetings of the Board regularly? A. Yes, sir; as regularly as I could. Q. Have you taken up any lands? A. None in the jurisdiction of New Jersey ; I have taken up two lots of a nondescript character; I have taken up the two islands called Oyster island and Bobbins' reef; they are'in the jurisdiction of New York, and were always considered to be a part of New York until the treaty of 1833, when the lines showed they were inside of our State boundary, though the treaty gave the jurisdiction of them to New York. Q. Are those lands under high water ? A. They are under the present high water; but they were always islands, and originally above high-water mark ; they were described as islands as long ago as 1840 ; as I consider them, they have partly washed away, and besides being lowered by the geological subsidence of the land all along the coast ; I think there is about twenty-five acres in the two. Q. Is there a light-house on one ? A. Yes, sir. Q. That belongs to the United States Government? A. Yes, sir; it is so said. Q. Do you know how much the government claims of the land on which the light-house stands? A. No, sir. Q. Do you know how the Government got title ? A. Not originally; I know the Kiparian Commissioners gave them title to it within a year or two, but they have a good title for what they occupy, I have no doubt. Q. Have you been interested in the survey of Shark river? A. No, sir. Q. Or of the beach at Point Pleasant ? 69 A. No, sir. Q. Or Sandy Hook ? A. I was about that ; j'es, sir. Q. Did you purchase that ? A. No, sir, Q. Did you locate it? A. I looked up the original grant to sec what it was. Q. You have no interest there now? A. I don't know whether I have or not. Q. Did you have any survey- made? A. I traced out on the map to see where Ilartshorne's grant was; you see Hartshorne had a grant of 200 acres there, and the Hook covers 1,500 or 1,600 acres. Q. Do you know that soil has been made at Sandy Hook by the storms, and extended out some two or three miles? A. Nearly a mile; yes, sir. Q. Beyond what it was in 1080 — do you know that fact? A. I know by the maps ; yes, sir. Q. Do 3'ou know whether the Proprietors claim to own this new- made land which has been made by storms? A. I hardly know what to say to that; 1 thought it was a proper subject of question ; I am interested to see how it will be decided. Q. Are you interested |)ecuniarily ? A. I don't know whether I am or not. Q. If they hold no title in it, would 30U be interested pecuniarily? A. I don't know; I wouldn't say positively what I would do? Q. Have you attended the meetings, for the last year or two, of the Proprietors ? A. Yes, sir; I think I was absent only once. Q. Have you ever computed the number of acres in East New Jersey, outside of the tide waters — the land not covered bj- tide waters ? A. Pretty nearly, not accurately; 1 think it is a little short of 2,000,000 acres in East Jersey as it is now. Q. That is exclusively lands not under tide water? A. It includes land only ; the Proprietors purchased lands to the low-water mark from the Indians; they bought to low-water mark; that is properly deeded to them ; I should hardly bo able to draw the line in estimating. Q. Do you include the lands under tide water or do you not? A. When I say 2,000,000 1 don't mean to be accurate ; I don't carry it in memory ; if 1 were going to estimate it, I would estimate it at high-water mark. 70 Q. You would include Earitan bay and the Passaic river? A. No, sir. Q. Would you leave out Earitan bay? A. Yes, sir; I would include in it the land uncovered at high-water mark ; it would be approaching 2,000,000 acres. Q. You understand that a line run from the mouth of Little Egg Harbor river to the river Delaware, at the latitude of 41° 40'., is the true line between East and West Jersey ? A. Yes. Q. That is all you estimate the land to be north of that line? A. Yes; or east of that line. •Q. You include no territory claim by New York? A. No, sir. Q. When did you make that calculation ? A. I only made it in a very general way; I think ten or twelve years ago. Q. In connection with your Geological Survey? A. Yes, sir; in making a map of the State. Q. Is that estimation printed in any of your reports? A. No, sir; it was printed at an earlier date, though; it has been (printed one hundred years, I gue^s. Q. Who was that ma-de by first? by Lawrence? A. No, sir; I don't remember that it was made by Lawrence; but it was made in 1780 or 1790, in some controvers}^ between East and West Jersey, and the areas are printed in Gordon's History of New Jersey; it is a public document. Q. Did you ever estimate the lands embraced in the Nichols patent to the inhabitants of Elizabethtown ? A. No, sir; I have seen it estimated. Q. Did you estimate his title to the Monmouth patent? A. No. sir; I have tried to draw the line round it; I have never «een a plain description of it. Q. Do you know that a certain portion of the lands embraced in those two patents, were secured to the settlers, and are now held •under a different title from that of the Proprietors? A. No, sir; I do not. Q. And you have not left those lands out of your estimation ? A. No, sir; they are included in the 2,000,000. Q. Have you ever estimated the number of acres the Proprietors ihave sold? A. No, sir; I have tried to; it is eas}' to estimate the dividends, which amount to a little over a million acres, I think; they are not •quite all located yet; the patents that were granted early, were 71 patents granted on rents, and were not perlbcted until they were improved ; it was declared that they were patents granted for a nom- inal sum, on conditiort that they would improve them ; and the law was that they would revert to the Proprietors if they were not improved at a certain time; there were a number of settlers at Elizabethtown, Middletown and Bergen count}^ and parts of Essex and Morris, who had their titles, by occupation before the Proprietors got possession; that land has never been sold since by the Proprietors ; but they were required bylaw to take title from the Proprietors; there is no means of getting at the amount thus secured by right of occupancy; all the Proprietors have to go on is, that it is about 2,000,000 acres. Q. What record is there of that? A. Of the boundaries? I think there is none in many cases; I sup- pose after they occupied it they were allowed to hold it. Q. There is nothing in this oflSce that would show that? A. Nothing that I know of, but I am not familiar with the books; there is another curious difficulty in regard to titles in East Jersey; in 1868 the partition line between East and West Jersey was run from Egg Harbor straight up to the south bi-anch of the Raritan river, near Three Bridges; all the land east of that was for a good while, until 17-43, in East Jersey, and grants upon it were made by the East Jersey Proprietors ; from South Branch the supposed partition line then ran on the west boundary of Branchburg township, Somerset county, across to the north branch of the liaritan ; thence up the river to Lamington Falls, I think, and from there across the country on the north boundary of Somerset to the Passaic; it then followed down the Passaic to the mouth of Pompton river; and from thence up the latter stream to the State line; that, of course, made East Jersey very much smaller than it is now; and the West Jersey Proprietors had the title to all the lands in Morris county, and a con- siderable portion in Sussex, Bergen, and Passaic counties, as they are now ; all those records are in the West Jersey office. Q. Did you ever read the case of Cornelius v. Giberson? A. Yes, sir. Q. The Lawrence line commenced at Little Egg Harbor, and ran to the Delaware, 41° 40', and that has been declared the true line? A. Yes, sir; but for all that the titles were made before 1743, when Lawrence's line was run ; those records were in West Jersey, and are there yet ; it makes one of the difficulties in estimating the whole amount of land the Proprietors had. Q. According to your judgment and your investigation there is no way of getting at the amount of land n-maining umlisposod of to-day ? A. I have thought a good deal about that; my idea is that it could 72 be done by making an accurate map of the whole district covered by East Jersey, putting down the sales as far as we can see, and estab- lishing where the diflScult points are; it couldn't be done in this office all together; I went over the ground where my friends lived in Mor- ris county in 1715 ; I traced out the first lot of the records in West Jersey ; I had no difficulty in tracing those lines. Q. This office showed no record of it? A. No, sir; the original sale was in West Jersey ; I read the record myself in Trenton, afterwards. Q. Suppose some one should come here with a survey locating that land, their records wouldn't show that it had been conveyed away; they would file that return ? A. No, sir; I wouldn't; if it were a survey of property there, I should want to look at the surveys in the other offices; I think the surveyor would do the same thing. Q. Do you know that some of the Proprietors located and received a patent for 1,000 acres? A. Yes, sir. Q. Do you remember how much Aaron Soumans had in what is now Ocean county ? A. Yes, sir; I have seen the record of it. Q. Did that embrace the Barnegat Beach, or not? A. I think it did ; it was printed years ago by the Proprietors. Q. Soumans afterwards sold that land to various individuals? A. I don't know; I have never seen any deeds of it; I suppose he sold it. Q. The Proprietors wouldn't have any right to locate on any of that land ? A. I wouldn't want to say that; I would consider that if they sold lands, or granted them on the condition that they should be improved, I would assume that the consideration hadn't been paid, Q. If the Proprietor took a patent for it, it would belong to him or his heirs? A. Yes, sir ; but when the considerations were that the lands should be improved, sales were made for the benefit of the rest of the lands that the Proprietors owned. Q. Has the question been considered in the case of a patentee leaving little gores between the surveys, as to whom that land belonged to, whether to the Board or to the patentee? A. It has never been considered when I was present. Q. Do you wish to make any statement to the Committee ? A. I would be glad to state that I went into the Board of Propri- etors, and have been active in it, for the purpose of clearing up all 73 these unsettled points — to clear up all the outstanding rights of loca- tion, and ascertain everything that belongs to the Proprictorrt in the form of property, or else turn the records over to the State ; 1 shall be interested to have any questions settled that are unsettled ; if that can be done by legislative intervention, I shall be very glad to have it put in legal form. Q. You claim that the Proprietors own the land under water? A. I should think they owned to low-water mark ; and that it is a proper subject of question whether they do not own all lands under water that are valuable for growing shell-fish. William M. Force, a witness heretofore sworn, being recalled, testi- fies as follows — By Mr. Munn — Q. Please turn to that book of minutes and read from the minutes of October 3d, 1843, page 370, and read it slowly. A. [Eeading.] " Whereas, the Board of Proprietors and State of New Jeisey are both losers by acquiescing in the construction com- monly given by the Supreme Court of the United States, but, by joining their interests, the titles of the lands under water might be disposed of to their mutual advantage ; therefore, be it ^^ Resolved, That a committee of three, consisting of James Wood, Andrew D. Cobb and John Eutherford, Esq., be appointed to proceed to Trenton, and endeavor to. make such compromise with the State, with free power from the State to make such an agreement, as in the judgment of such committee may seem best, and among other powers to fill any vacancy in their own body; the Board hereby ratifying and confirming all the committee may do by virtue of this resolution, and to pay sufficient and reasonable charges of said committee, but not more than 8300 for the aggregate of all such expenses and charges." Q. Now turn to page 371 and read from that. A. [Reading.] "Mr. Waddell offered the following resolution: "Resolved, That this Board will proceed on the third Tuesday in May next, at 12 o'clock, noon, to dispose at auction, at the city of Perth Amboy, of all the properties of every kind and description then remaining, to the highest bidder for cash." "Upon which resolution the question being put, the same was agreed to by the following vote : II ^yeg — Kusscll, Rutherford, Bruen, Dudley, Rutherford, Condit, Taylor, De Bow, Kean, J. Rutherford, Morris, Van Dyke— 12. « Noes— Waddell, Vail, Patterson, Cobb, Kilpatriok. Brinley— <)." Q. That was at the same date, was it not ? 74 A. The same date, the same meeting. Q. Please turn to the minutes of May Ist, 1844, page 375, and read that. [Eeading]. " The following resolutions, relative to the land in the city of Newark, were offered by a committee appointed to consult and agree relative to the question, being put, the same were passed, to wit : " Resolved, That the Board are disposed to accept the proposition made by Van Buren Eyerson, for the sale of lands in the city of New- ark, to wit : The market place, or North Common, the burial ground, the Waters' place, and the parsonage, on the following terms, viz. : the grantee to use all diligence in recovering the premises, and to give security for saving the Board harmless in all costs and expenses; to pay the Proprietors one-half of all the proceeds arising from the sale of the property ; or, in the election of the Board, to divide, in equal parts, the lands, when recovered, or to compromise by sale of the whole for a sum not less than $200,000, one-half, without deduc- tion, to be paid to the Proprietors ; the said Van Buren Eyerson to have free access to the records of the Proprietors. " Resolved, That a committee of Mr. Stuyvesant, Mr. Van Hork and Mr. Blauvelt be appointed to carry, with the advice of counsel, the above agreement into effect. " Resolved, That $100 be appropriated for the above purpose." On motion, it was ordered, that when the Committee adjourns, it be to meet at the Columbia House, at Ocean Beach, on Friday, the 15th day of Z\x\y next, at 10 o'clock, a. m., and that the Secretary issue subpoenas to certain witnesses to be in attendance on that day. On motion, the meeting then adjourned. Friday, July 15th, 1881. The Committee met, pursuant to adjournment, at the Columbia Hotel, Ocean Beach, at 10 o'clock a. m. William H. Pearce, a witness subpoenaed by the Committee, being duly sworn, testifies as follows: By Mr. Beekman — Q. Where do you live? A. Township of Wall. Q. What is your age? A. My age will be forty-five month after next. Q. What is your business? 75 A. Farmer. Q. How long have you known the waters of Shark river? A. Ever since I was ten years old. Q. Have you lived near Shark river all your life ? A. Yes, sir; lived within a mile and a half all my life. (^. How far does the tide ebb and flow ; how far up ? A. It rises and falls about two miles up the river, from eighteen inches to two feet; common ordinary tide; spring tides are higher. Q. Do you know how far up the river has been navigable a number of yeai's back ? A. I have known two vessels to be built, one at the head of the river and one where I now live. Q. How far from Ocean Beach ? A. One about four miles from the inlet, up at the head of the river, was launched and brought out ; then the schooner Eliza Ann was built, and freighted in here a number of years; the last vessel a com- pany bought of Samuel S. Allen ; she formerly traded at Squan river; had several commanders there; at last I took command of her and run her about two years between here and Haverstraw and Nyack; brought down lime and wood ; we used to be bothered sometimes by heavy storms that would come along and make bars; there would come a northeast storm and it would make a bar across the inlet ; and the wind would chop around again and make a splendid inlet; I have made a trip in forty-eight hours to Haverstraw and back again. Q. When was it closed the last time ? A. I think it is in the third year now since it was doped. Q. Has the river been a common highway for the people to pass and repass in row-boats ? A. Yes, sir; as far as I know. Q. Has it always been so in the recollection of the oldest inhabitant? A. I never heard tell of nobody's stopping people from passing on the public water, or crabbing, bathing, fishing or sailing; there have been several vessels in here; small vessels have put in here in bad weather for a harbor. Q. Do you own any land next to Shark i-ivor? A. YcH, sir. Q. Wore you ever notified that any of the property on Shark river was to be taken up? A. No, sir. Q. You mean that this river has been closed to navigation ; it hasn't been entirely closed ? A. Entirely closed? I have known it to be entirely closed, and I have worked on to it — once in particular, four days and nights; got 76 men to get it out; it was in the month of August and a dry season, and we wanted to save what there was into it. Q. Have you any idea of the number of persons who make a liveli- hood in fishing and oystering in Shark river? A. Bless you, no, sir ; sixty or seventy, I suppose, makes a living out of the river. By Mr. Munn — Q. It is open now, isn't it, to the tide? A. Yes, sir ; where the tide rises and falls, it certainly must be. Q. Did you say that the tide rises and falls, now, eighteen inches or two feet ? A. Yes, sir ; it is falling now ; and the Spring tide nearly three feet, two miles up the river. William Segoine, a witness subpoenaed by the Committee, being duly sworn, testifies as follows : By Mr. Beekman — Q. Where do you live? A. Freehold. Q. Your age? A. Forty-two. J Q, What is your business? A. Surveyor. Q. Practical surveyor A. Yes, sir. Q. Are you a Proprietor ? A. I am. Q. Of whom did you buy your share ? A. I bought it of Mrs. Fairchild. Q. How much did you give for it? A. Three hundred and fifty dollars. Q. How much do you own ? A. A quarter share. Q. When was that ? A. That, I think, was in November, 1880. Q. Have you been a Deputy Surveyor? A. i have ; yes, sir. Q. Appointed b}^ whom? A. Mr. Rutherford, I think. Q. Was he the Surveyor-General ? A. At that time, I think. 77 Q. Have you a copy of the instructions to the Deputy Surveyors, from the Proprietors ? A. Yes, sir. Q. Will you let us see it ? A. [Witness produces paper] — This is a copy of the one I had. Q. Whose handwriting is that ? A. It is signed by Mr. Boggs ; I don't know whose handwriting it is. Q. Is that Mr. Boggs' signature ? A. Yes, sir. Q. He was the former Register ? A. Yes, sir. [Paper offered in evidence and marked Exhibit AJ] Q. The name of Andrew Bell, I see, is signed to these instructions? A. Yes, sir. Q. Do you know whether he was the former Surveyor-General? A. He was; yes, sir. Q. Do you know whether these instructions have ever been modi- fied or changed by the Board of Proprietors? A. Not that I know of. Q. While you were Deputy did you ever receive any notice of the change of any of these instructions? A. Nothing different from that, sir. Q. Have you taken up, as Deputy Surveyor, any lands for the Board of Proprietors ? A. Yes, sir ; for the Council of Proprietors ; I never did much for them. Q. In your returns, did you send in the names of the chain bearers? A. Always. Q. And before taking u]) the land, did you give notice to the adja- cent land owners pui'suant to those instructions? A. Yes, sir; when those instructions were given I always gave them notice afterwards. Q. After those instructions were given, you always gave notice to the adjoining land owners ? A. Y^es, sir. Q. Do you know whether the Proprietors have denied the public access to their records? A. They have, sir. Q. When? A. In December, 1879, I received the first information from Mr Boggs. 78 Q. Have you any written communication from the officers of the Board denying access to the records? A. I have a letter from the Surveyor-General ; yes, sir. Q. Will you produce it ? [Witness produces paper.] Do you know Mr. Howell's handwriting? A. Yes, sir. Q. Did you receive that through the mail ? A. Yes, sir. Q. Is that his handwriting? A. Yes, sir. Q. What did you do in order to get access to the records after receiving that letter? A. I got an order from Mr. Tichenor — Francis Tichenor. Q. This gentleman, the President of the Board ? A. His son. Q. Where does he live? A. He lives at Newark ; he is a lawyer. Q. Is Mr. Tichenor President of the Board? A. No, sir; it is his son. Q. Is he a Proprietor ? A. Yes, sir. Q. The son of the President is a Proprietor, also? A. Yes, sir. Q. Were you a Proprietor at the time they denied you access to the records ? A. No, sir. [Letter signed " Monroe Howell " offered in evidence, and marked Exhibit B.I Q. [Paper shown to witness,] What is that paper? A. That is a copy of the survey, which is sent to the Surveyor- General after the survey is made. Q. It was given to the Deputies with the instructions to show the mode of making the return ? A. Yes, sir. William H. Shafte, a witness subpoenaed by the Committee, being sworn, testifies as follows : By Mr. Beekman — Q. Where do you live ? A. I am a resident of Wall township, Monmouth county. Q. What is your business ? A. Surveyor. 79 Q. A practical surveyor ? A. Yes, sir. Q. Did you make any survey on the Spring Lake property in the winter of 1880 ? A. I assisted Mr. Yard in making a survey hero, I think. Q. Do you remember when you first went there to make that survey ? A. I do not. Q. Haven't you an}' record of it? A. I don't think I have. Q. Did he employ you ? A. Yes, sir; Mr. Yard employed me. Q. And was it at his request you went there to make that survey? A. Yes, sir. Q. H. H. Yard ? A. H. H. Yard. Q. Have you any means of fixing the date ? A. 1 don't think I have. Q. Who were your chain-bearers ? A. 1 guess a part of the time we carried the chain ourselves. Q. You had no chain-bearers ? A. No, sir; we were there two or three hours, off and on ; we had somebody carry the chain sometimes ; I don't know who it was. Q. Did you have any deed or map in order to find the courses ? A. We had extracts of old surveys ; I think we had a map. Q. Would you know that map if j'ou saw it again ? A, I think I would. Q. Do you know who made that map? A. I think Mr. Yard made the map ; I think I had a map I made ; I think I have that yet. Q. When you went there to make that survey, did you have a map ? A. Yes, sir. Q. Who made that map? A. I think I drew that map. Q. How could you make a map before you made a survey ? A. I had extracts of original surveys, and I put them together. Q. Have you that map yet ? A. 1 think I have, home ; yes, sir. Q. You had no other map ? A. I think Mr. Yard bad a map ; yes, sir. Q. Do you remember having a conversation wiih .Mr. Throckmor- ton, the surrogate ? 80 A. Yes, sir. Q. Do you remember about telling him what map you had from which you made that survey? Do you remember telling him you had a map made by William Segoine ? A. No, sir; I never told him I had seen Segoine's map before I made the survey. Q. Did you see it before you made the survey ? A. I never did, sir. Q. Have you heard of Mr. Segoine's map from anybody? A. I had heard of his making a survey there. Q. Who told you about Mr. Segoine's survey? A. Well, I knew of it, in fact, some time before ; I don't remember now. Q. You knew of Segoine's survey before you and Mr. Yard went there to survey? A. I think I knew he was making a survey around there for some purpose; I didn't know exactly what. Q. How did you find the beginning corner you made when you first went on the Spring Lake property; A. I think I knew it myself; I don't think anybody showed me at that time. Q. Do you know William John Smith ? A. Yes, sir. Q. Do you remember of his showing you a beginning corner at that time? A. I think he was there and told us he knew something about a corner. Q. Did he go with you and show it to you ? A. He was with us a part of the time. Q- Did he show you a beginning corner-stone? A. I don't know what corner you have reference to. Q. Did he show any corner? A. I think he did. Q. Was that the first time you went to make that survey ? A. Yes, sir; we had been in that vicinity; I don't know that we had been on that particular ground ; we had surveyed around there ; I don't know whether we were on Spring Lake before or not. Q. You know where the Spring Lake buildings are? A. Yes, sir. Q. You would know if you were within a few hundred yards of that building? A. Yes, sir. 81 Q. Yoii would know whe.ther yon had been on that property before he showed you that stone? A. I don't remember the date. Q, Were you on that property before he showed you that stone? A. I don't remember whether we were on the Spring Lake purchase or not before I saw him; I think we were though. Q. How many vacant pieces of property did you find on the Spring Lake property ? A. That I don't remember; there was several vacancies I think. Q. Do 3^ou remember whether you made that survey in January or February, 1880? A. I think we made part of the survey in December, if I remember. Q. December, 1880? A. 1879; 1 think I were then at Mr. Yard's and assisted him about a map several days before we went on the ground. Q. I am speaking of a survey by taking compasses and chains and going on the property; what month was it when you were there? A. I am not positive. Q. Were you there before January, 1880? A. I don't remember. Q. You made a charge against Mr. Yard for your services? A. Yes, sir: but I don't think I have any dates to my book; I guess I kept an account of the days. Q. But you haven't kept the month or the day of the month ? A. Not positively; no, sir. i beginning, containing forty-four acres and twenty-three hundredth-* of an acre, strict measure, *and forty-two acres and thirteen hun- dredths of an acre, after deducting the allowance for highways, a map of which survey, a computation of its contents, the allowance for highways, a copy of the field work, and the name>* of the chain- bearers, and other persons present, are herewith delivered lo you. Dated September the first, one thousand seven hundred and eighty- four. JoH.N Stiles, Deputy Surveyor. To A. B., Surveyor-General. 116 EXHIBIT B. Parsippany, Marcb 1, 1880. Wm. Segoine, Esq. : Dear Sir — Yours of 28th February is received. Mr. Yard's sur- vey is made at his own request, I suppose. It is not necessary that a request be made to a Deputy to sui'vey our lands. As to admission to the office, "only Proprietors" are allowed access to the books by the late resolution. Yours very truly, Monroe Howell, Surveyor- General. P. S. Please recollect that warrantee or any other deed does not avail ; only the surveys on I'ecord by course and distance can be counted against the claims of the Proprietors. M. H. 117 EXHIBIT C. Sir — I have surveyed for the '' Kector, Wardens and Vestrymen of St. Peter's church, Freehold," in the county of Monmouth, and State of New Jersey, at the request of the " Spring Lake Beach Improve- ment Company," on a right of location, all that tract of unappro- priated land situate in the township of Wall, county of Monmouth, and Eastern Division of the State of New Jersey, beginning at the fifth station of a tract of eighty-three acres and two-hundredths of an acre, returned to Francis W. Brinley, January 11, 1847, and recorded in the Surveyor- General's oflBce, at Perth Amboy, in Book No. 22 of Surveys, page 293, and from thence running [1] south, eighty-six degrees and twentj'-eight minutes east, twenty-tive chains and twenty- five links; thence [2] north, nineteen degrees and thirty-two minutes east, thirty-nine chains and thirtj'-one links ; thence [3] north, twenty degrees and forty -seven minutes east, twenty-two chains and twenty- eight links ; thence [4] north, twenty degrees and thirty minutes east, fifteen chains and eighty-one links; thence [5] north, sixty-nine degrees and forty -eight minutes west, twenty-eight chains and eighty- two links ; thence [6] south, twenty degrees and twelve minutes west, five chains and seventy-six links ; thence [7] north, sixty-nine degrees and forty-eight minutes west, twelve chains and twenty-seven links; thence [8] south, forty-two degrees and fifty-eight minutes east, one chain and iorly-ono links; thence [9] south, eighty-seven degrees west, six chains and twenty six links; thence [10] north, thirty degrees west, three chains and thirteen links; thence [11] south, seventy-nine degrees and thirty-one minutes west, eight chains and twenty-five links ; thence [12] south, nine degrees and fifty-seven minutes west, five chains and fifty-six links; thence [13] north, eighty-six degrees and iorl5*-five minutes west, thirteen chains and fifty-nine links; thence [14] north, fifteen degrees and six minutes east, eight chains and thirty-seven links; thence [15] south, seventy- seven def-rees and fifty-one minutes west, two chains and seventy- five links ; thence [16] south, twenty-six degrees and tifty-four min- utes west, eight chains and forty-one links; thence [17] south, twenty- seven degrees and twenty-two minutes west, twenty-nine chains and eighty-two links; thence [18] south, seventy-eight degrees and twenty-four minutes east, two chains and forty-eight links; thence [19] south, three degrees and fifly-nino minutes west, two 118 chains: thence [20] south, sixty degrees and one minute east, two chains; thence [21] south, fifty-one degrees and one minute «a8t, twenty chains; thence [22] south, thirtj'-seven degrees and one minute east, ten chains; thence [23] south, forty-three degrees and thirty minutes east, two chains and five links; thence £24] north, sixty degrees and thirty-five minutes east, one chain ; thence [25] south, forty-two degrees and fifty-five minutes east, eighteen chains and nineteen links ; thence [26] south, fifty-four degrees and thirty-five minutes west, fifteen chains and forty links; thence [27] south, eighty-one degrees and ten minutes east, eight chains and fifty links to the place of beginning, containing four hundred and forty-nine acres and sixty-nine hundredths of an acre strict measure. But after deducting the following tracts and parts of tracts, viz.: Fiftj^-six acres and twenty-five hundredths of an acre, part of a tract of one hundred and five acres returned to John Forman, July 23d, 1746, and recorded in the Surveyor-General's office aforesaid, in Book No. 2 of Surveys, page 145 ; fourteen acres and ninety-two hundredths of an acre ; part of a tract of one hundred and thirty-seven acres and fifty hundredths of an acre, returned to Peter Knott, -December 13th, 1754, and recorded as aforesaid, in Book No. 4 of Surveys, page 5 ; seventy-nine acres and eleven hundredths of an acre, returned to Kobert Hunter Morris, May 12th, 1760, and recorded in the office aforesaid, in Book No. 4 of Surveys, page 280 ; ninety- three acres and thirty-one hundredths of an acre returned to Peter Knott, June 8th, 1791, and recorded in the office aforesaid, in Book No. 9 of Surveys, page 222 ; sixteen acres and forty-nine hundredths of an acre, part of a tract of twenty-four acres and twenty-six hun- dredths of an acre returned to Kenneth Hankinson, May 10th, 1804, and recorded in the office aforesaid, in Book No. 13 of Surveys, page 269 ; th'rteen acres and sixty-six hundredths of an acre, part of a tract of fifty acres returned to Peter Knott, June 16th, 1812, and recorded in the office aforesaid, in Book No. 16 of Surveys, page 215 ; three acres and fifty-eight hundredths of an acre returned to Andrew Bell, January 16th, 1833, and recorded in the office aforesaid, in Book No. 20 of Surveys, page 415 ; two acres and eighty hundredths of an acre returned to Francis W. Brinley, Januaiy 11th, 1847, and recorded in said office, in Book No. 22 of Surveys, page 293 ; eighty-three acres and two hundredths of an acre, returned to Francis W. Brinley, January 11th, 1847, and recorded in said office, in Book No. 22, page :293 ; sixty-three hundredths of an acre, part of a tract of two acres and forty-five hundredths of an acre, returned to Francis W. Brinley, Ma}' 31st, 1847, and recorded in said office, in Book No. 22 of Surveys, 119 page 300; twenty-seven acres and twenty-three hundredtliH ol' an acre, part of a tract of thirty-one acres and eighty four hundredths an acre, returned to Francis W. Brinley, June 7th, 1855, and recorded in said office, in Boole No. 22 of Surveys, page 453 ; two acres and ninety-eight hundi'edths of an acre, returned to Francis W, Brinley, June 7th, 1855, and recorded in said office, in Book No. 22 of Surveys, page 453 ; nine acres and thirteen hundredths of an acre, part of a tract of twenty-four acres and eighty-six hundredths of an acre, returned to J. Lawrence Boggs, January 15th, 18G9, and recorded in said office, in Book No. 23 of Surveys, page 109 ; thirteen acres and eighty-two hundredths of an acre, returned to Annaniah Gittbrd, March 10th, 1869, and recorded in said office in Book No. 23 of Sur- veys, page 110 ; fifty hundredths of an acre, returned to Annaniah Gifford, August 30th, 1870, and recorded in said office, in Book No. 23 of Surveys, page 123; which altogether amount to four hundred and seventeen acres and forty-three hundredths of an acre, there remains thirty-two acres and twenty-six hundredths of an acre, strict measure. A map of which survey, a computation of its contents, a copj' of the field work, the names of the chain-bearers and other per- sons present, are herewith delivered to you. January 24th, 1880. Wm. Seooine, ^ Deputy Surveyor. To Monroe Howell, Esq., Surveyor-General. , [Here follows a summary of the several courses and distances, and .a map of the tract.] 120 EXHIBIT D. Eegistered Letter Keturn Card. Postmarked at Perth Amboy, January 26th, 1880. Addressed to "William Segoine, Freehold, New Jersey." "Eegistry Keturn Receipt, sent January 26th, 1880. Registry No. 25, from post office at Freehold. Registered letter, addressed to J. Lawrence Boggs, Perth Amboy, N. J." " Received the above described registered letter. " (Signed,) "J. Lawrence Boggs."^ 121 EXHIBIT E. Pausippany, N. J., February 3d, 1880. Wm. Seqoine, Esq. Dear Sir — A survey made by you for thirty-two and twenty-six • hundredths acres on the beach, near Wreck pond, in Monmouth oounty, is received. Please answer the following questions in refer- ence to the same, viz.: 1st. Is this including survey surrounded on all sides by prior loca- tions and the ocean ? 2d. Have adjoining owners been notified that the land was about being taken up ? 3d. How near to high or low-water mark on the ocean does your line run ? 4th. Does the rector, wardens and vestrymen of St. Peter's Church, Freehold, hold rights of locations ? and such other information as you maj have touching the matter. And oblige yours, truly, Monroe Howell, Surveyor- General. 122 EXHIBIT P. Parsippany, Feb. 26, 188a. Wm. Segoine, Esq. Dear Sir — A survey filed with me about the first of January last,, by H. H. Yard, Deputy, at Ocean Beach, I find includes a portion of, your survey in the same locality, filed near a month later. Yours, very truly, Monroe Howell, Surveyor- General. The following copies of Exhibits are furnished by the Eegister of the Board of Proprietors, pui-suant to the Committee's request : the barnegat bay survey. " Survej^ of 1,681 acres at Barnegat, Ma}^ 1, 1880, for Council of Pro- prietors, by H. H. Yard, May 28, 1880. " Returned the within survej' to the Council of Proprietors, for acrea 1,681. " Monroe Howell, " Surveyor- General. " To THE Honorable Surveyor-General of Eastern Division or New Jersey : " Dear Sir — I have surveyed for the council of Proprietors of the Eastern Division of New Jersey, all that tract of unappropriated land and water, situate in Ocean county, at the northerly end of Barnegat bay, and lying between it and the Atlantic ocean, particularly described as beginning at the southwest corner of a tract of 39 acres, and an allowance granted by patent to Judah Allen, July 9, 1685, and recorded in Book L, page, 38; thence (1) south 60° 50', east 55 chains; thence (2) south 18°, west 306 chains; thence (3) north 69° 15', west 55 chains; thence (4) north 18°, east 306 chains, to the point of beginning. Containing 1,681 acres. "A map of the survej^ and a computation of the contents are here- with submitted to you. " Ocean Beach, N. J., May 1, 1880. " Henry H. Yard, " Deputy Surveyor, E. B. N. J." [Here follows the map.] 123 THE SPRING LAKE BEACH SURVEY. " Jiin. 1, 1880. Survey. Acres 72.55. For Henry II. Yard, in four tracts, in Monmouth county. ''Returned the within survey to Henr}' H. Yard, on his deed from John R. Sbreve, for acres 77.82. Recorded in A B 11, .544 ; W— 11, 94. " Monroe Howell, " Surveyor- General," Oct. 20, 1880. " To THE Honorable, Surveyor General of the Eastern District OP New Jersey : Sir — I have surveyed for myself all the following unappropriated lands, situate in the Eastern Division of New Jersey, Monmouth county, Wall township, and lying between Three Cornered pond and the south side of Wreck pond. First, By an including survey: Beginning at the most easterly cor- ner of 105 acres, returned to John Forman, July 23J, 1846, recorded S 22, page 145, it being also the beginning corner of .31.84 acres, returned to H. W. Brinlej^, June 7lb, 1856, recorded L 22, page 453. 324.23, returned to J. Lawrence Boggs, June 15th, 1869, recorded L 23, page 109 ; thence (1) north, 37° 11' west, 23 chains 80 links ; thence (2) north, 50' east, 23 chains and 82 links; thence (3) north, 82° 50' east, 29 chains and 13 links ; thence (4) north, 37^ 50' east, 15 chains ; thence (5) south, 70° east, 6 chains; thence (6) south, 17° 17' west, 61 chains and 54 links; thence (7) north, 70° west, 10 chains, to the beginning. Containing 138.632 acres; but after deducting the fol- lowing tracts and parts of ti-acts, namely, 17.02 acres returned to A.D. 1746, recorded in L 2. page 144; 15 acres returned to the heirs of John Brinley, A.D. 1745, recorded in L 11, page 97; 50 acres returned to Peter Nott, A.D. 1812, recorded in S Ki, page 215; 3.55 acres returned Andrew Bell, A.D. 1833. recorded in Book 20, page 415; 20.45 acres returned to F. W. Brinley, A.D. 1847, recorded in S 20, page 300; 20.45 acres, part of 24.86 acres returned to J. L. Boggs, A.D. 1869, recorded in S 23, page 109; 17.— acres returned to Annaniah Giftord in gross in an including survey, at 18 — , recorded 23, page — . They together making 1.277 acres, there remaining 11.212 acres. Srcond, Beginning at the northeasterly corner of 31 54100 acres, returned to F. W. Brinley, .June 1, 1856, recorded in S 22, page 453; thence (1) south, 71° 4' east, 1 chain ; thence (2; south, 18° 56' west, 22 chains 5(1 links ; thence (3) north, 7° 4' west, 1 chain ; thence (4) 124 • norlb, 18° 15' east, to the beginning, thereby forming a rectangle 1 chain broad and 22? chains long, containing 2 acres and 25-100 of an acre. Third, Beginning at the southeasterly corner of a tract of 83 2-100 acres returned to F. W. Brinley, A. D. 1847, recorded in S. 22, page 294; thence (1) north, 19° 30' east, 39 chains and 30 links; thence (2) south, 7° and 30' east, 4 chains ; thence (3) south, 17° west, 56 chains; thence (4) north, 59° 45' west, 37 chains; thence (5) north, 53° 30' east, 16 chains; thence (6) south, 37° W. 11 chains; thence (7) 86° 30' east, 25 chains 25 links to the beginning, containing 55 713-1000 acres. Fourth, Beginning at the most westerly corner, it being the south- erly end of the first course of a tract of 31 54-100 acres returned to F. AV. Brinley in 1856, recorded in S. 2, page 453 ; thence (1) south, 18° 27' east, 4 chains and 50 links; thence (2) north, 70° 5' west, 3 chains 98 links; thence (3) north, 6° 52' east, 6 chains and 22 links; thence (4) south, 31° 29' east, 2 chains and 64 links; thence (5) south, 47° 53' west, 1 chain, to the beginning, containing 960-1000 of an acre. " The total area of unappropriated lands in the above surveys is 70 215-1000 acres, as may be found by reference to the map and cal- . culations of the areas of said tract, hereunto appended. " Done at Ocean Beach, N. J., Jan. 1, 1880. " Henry H. Yard, " Deputy Surveyor, E. D. N. /." LIBRARY OF CONGRESS iiiiiiiiiiiiiiiiiiiiiiiiiiiniii 014 206 899